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Mumbai Court November 1949 Judgments

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Nov 04 1949

Godfrey Meeus Vs. Simon Dular

Court: Mumbai

Decided on: Nov-04-1949

Reported in: AIR1950Bom91; 1950CriLJ751

ORDERHemeon, J.1. The non-applicant Simon Dular had filed a complaint Under Sections 323 and 506, Penal Code, in the Court of Shri R.-C. Mukherji, Second Class Magistrate, Jashpurnagar, against the applicant the Eev. Father Godfrey Meeus, a missionary, but the District Magistrate, Raigarh, transferred it on 22nd January 1919 to the file of Shri Mahapatrao, also Second Class Magistrate, Jaahpurnagar, as the non. applicant is a member of the Janapada Sabha of which Shri Mukherji is Deputy Chief Executive Officer. Prior to this, on 12th November 1948, the applicant had in the non-applicant's presence presented a compromise petition in Shri Mukherji' a Court,-but Shri Mukherji was absent on that data and the case was adjourned to 29th November 1948 when he noted in the order-sheet that the petition should have come from the non-applicant Dular and not from the accused applicant.2. Proceedings, were stayed in view of the transfer application and after the District Magistrate had passed the ...


Nov 04 1949

Mt. Vithi and anr. Vs. Tulsiram Maroti and Crown

Court: Mumbai

Decided on: Nov-04-1949

Reported in: AIR1950Bom88; 1950CriLJ746

ORDERHemeon, J.1. The non-applicant Tulsiram's com-plaint against the applicants, Vithi and Kashiram was registered under a. 494, Penal Code, by the First Glass Magistrate, Bhandara, on 9th January 1948 when summonses were ordered to be issued to them. They appeared in due course on 11th May 1948 and the Magistrate ordered the non-applicant to summon his witnesses on payment of process-fees for the hearing on 6th July 1948. Prior to that date, however, he did not pay the fees and the complaint was dismissed. Under Section 204 (3), Criminal P.C. In revision, however, this order was set aside by the Additional Sessions Judge, Bhandara, and the applicants have now come up to this Court2. Rule 546 of the Rules and Order (Criminal) contains rules made Under Section 20 (ii), Court-fees Act and the first of them prescribes fees chargeable for serving and executing processes issued by criminal Courts in the case of offences other than offences for which police officer may arrest without a warr...


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